NB This is the third page of the online version of the SDT Guidance Note Freedom of Information and Disability: Briefing Notes, published in February 2005.

3: Information which may be exempt

There are 17 classes of exempt information in the FoI. Information which is exempt does not require to be released to an applicant on request. There are two types of exempt information:- absolute and non-absolute. Absolute exemptions include confidential information, court records, personal data dealt with under the DPA, information subject to a prohibition on disclosure and information otherwise available (such as in a publication scheme). If the information requested falls into one of these categories, the university or college is not required to release it.

With regard to non-absolute exemptions, which include the effective conduct of public affairs, law enforcement and commercial interests, a public interest test has to be applied to establish whether the information should be disclosed. This means that universities and colleges require to consider in all the circumstances of the case whether the public interest in providing the information is outweighed by the reasons for withholding it as exempt information.

Where a public authority refuses to provide information, it is required to issue a notice explaining which exemption applies and why. Where a non-absolute exemption applies, the authority must also explain why the public interest does not favour disclosure.

The courts are unlikely to look with favour on attempts to deny information. For example, experience in other jurisdictions suggests that courts may be willing to find in appropriate cases a public interest reason for making information otherwise considered as confidential available to the public. Exactly how the exemptions will operate in practice remains to be seen.

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